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Parenting Issues This forum is for discussing any of the parenting issues involved in your divorce, including parenting of step-children.

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  #11  
Old 08-03-2016, 08:54 PM
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Originally Posted by trinton View Post
You can't ask got child support retroactive to the date of separation, only to the date you filed an application for child support to court.
I am not convinced about that. What is your authority?
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  #12  
Old 08-03-2016, 08:56 PM
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Originally Posted by rockscan View Post
File a motion for support including retroactive. Tell him youre willing to look at 50/50 but will be seeking child support in the interim. You can change cs if that happens, you cant sit waiting for a cs order.
She can't file a Motion. She mentioned there are no Court orders. What she needs to do is file an Application (Form 8), an Affidavit in Support of Custody and Access (Form 35.1), and a Financial Statement (Form 13).

Then she needs to serve it on the father.

She should ignore the threats he is making and just do it. If the child has been with her since birth, a status quo will have built up, making it very unlikely he would get custody of the child.
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  #13  
Old 08-03-2016, 09:40 PM
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Originally Posted by Knowledgeable-Wizard View Post
I am not convinced about that. What is your authority?
It's well known. Google it
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  #14  
Old 08-04-2016, 02:24 PM
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Retroactive CS can go back further than the date the recipient filed legal paperwork - it can go back to the date that the recipient first asked the payor for support. So if you have emails showing that you asked that CS be paid dating back a year or two before you actually go to court, it is possible that you could be awarded retro back to the point which you first raised the issue.

It's unlikely but not impossible that support would be awarded retroactive to any point before the first request was made (to avoid the situation where a custodial parent pops up out of nowhere and asks for retroactive payments back to the birth of the child). (I believe the DBS case held that retroactive support can be awarded for up to three years before the recipient first asked for it, but this is not a given - depends on the circumstances of the individual case).

Retro support can also predate the court application if there is blameworthy conduct on the part of the payor - e.g. if s/he refused to provide income information or provded false information.

There's a good summary here - though this is Ontario, situation could be different elsewhere.


Retroactive Child Support in Ontario
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  #15  
Old 08-04-2016, 02:52 PM
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Originally Posted by Knowledgeable-Wizard View Post
I am not convinced about that. What is your authority?
Welfare was trying to get child support from me retroactive to a date they alleged they sent me a letter, the judge turned around and said it can only go back to the date an application was brought to court, they got no retroactive claim and had to write it off.

If you asked for it in writing and he didn't pay, then I don't know what would happen in that situation, they will generally question the delay in bringing in an application for support. Dad will most certainly consent to pay ongoing child support the case conference meeting and that will look good on him.

Last edited by trinton; 08-04-2016 at 03:10 PM. Reason: Clarification
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  #16  
Old 08-05-2016, 03:25 PM
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Quote:
Originally Posted by trinton View Post
Welfare was trying to get child support from me retroactive to a date they alleged they sent me a letter, the judge turned around and said it can only go back to the date an application was brought to court, they got no retroactive claim and had to write it off.

If you asked for it in writing and he didn't pay, then I don't know what would happen in that situation, they will generally question the delay in bringing in an application for support. Dad will most certainly consent to pay ongoing child support the case conference meeting and that will look good on him.
This begs the question....

why was your child on welfare while you had the means and ability to pay child support?

why did it take welfare filing suit to collect arrears and on going support for you to pay support?

It's extremely aggravating as a tax payer that welfare has to spend the money to get child support awards in court in order for perfectly capable adults to support their own children.

My tax dollars spent to raise your child, my tax dollars spent to get you to court to pay for your child and my tax dollars wasted because they can only collect child support back to the date of application. Ridiculous.
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  #17  
Old 08-06-2016, 08:09 AM
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I was led to understand that CS was payable from the "date of separation". Once that date has been established then the clock starts ticking!
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  #18  
Old 08-06-2016, 12:25 PM
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^^^ That's true, but there are circumstances in which CS may change - for example if the living arrangements of the kid change (goes from 50/50 to full-time with one parent, or other other way around). The payor is responsible for notifying the recipient of changes as soon as they take effect and proposing that CS be adjusted, and vice versa. However, of this doesn't happen for some reason (e.g. in example above, the kid comes to stay full-time with one parent, but that parent doesn't notify the other one about the change or request full table child support for a long time). In those cases, the court will generally adjust CS retroactively to the date the first notification or request was made (although in some cases they'll go back up to three years, depending on why there was no notification or request). The idea is that the onus is on both parents to ensure that the child receives proper CS not just the payor, so the recipient is responsible for notifying the payor if things change.
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  #19  
Old 08-06-2016, 12:40 PM
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Quote:
Originally Posted by stripes View Post
^^^ That's true, but there are circumstances in which CS may change - for example if the living arrangements of the kid change (goes from 50/50 to full-time with one parent, or other other way around). The payor is responsible for notifying the recipient of changes as soon as they take effect and proposing that CS be adjusted, and vice versa. However, of this doesn't happen for some reason (e.g. in example above, the kid comes to stay full-time with one parent, but that parent doesn't notify the other one about the change or request full table child support for a long time). In those cases, the court will generally adjust CS retroactively to the date the first notification or request was made (although in some cases they'll go back up to three years, depending on why there was no notification or request). The idea is that the onus is on both parents to ensure that the child receives proper CS not just the payor, so the recipient is responsible for notifying the payor if things change.
We were talking about in the case where there is no current custody,access, and support order.

Where there is a child support order in effect, the paying parent has to inform recipient of any changes in income and provide yearly disclosure of income, failing to do any of those will result in retroactive award to date his or her income was changed(if mom goes back to court and makes that claim with justified reason in delay of variation if there is delay).

Last edited by trinton; 08-06-2016 at 12:47 PM. Reason: Cs
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  #20  
Old 08-06-2016, 01:10 PM
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^^^ yes, but that would fall under the heading of "blameworthy conduct" (if paying parent won't provide up to date financials, s/he is effectively providing false financial info). There are also cases of retro CS where there is no blameworthy conduct (e.g. where parents disagree about whether a kid moving residences is a permanent or a temporary change), and in these cases, retro CS is usually limited to the point when the recipient parent asked for an increase. Similarly, if one parent took the child away right after birth and had no contact with the other parent for sixteen years, and then came back and asked for sixteen years of retro CS (this really has happened), a judge would be unlikely to grant all sixteen years.
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